J.S.Caters A Partnership Firm Registered Under The Partnership Act vs. Indian Railway Catering And Tourism Corporation LTD
Original PDF →IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE P.B.SURESH KUMAR THUR AY, THE 26TH DAY OF SEPTEMBER 2019 / 4TH ASWINA, 1941 WP(C).No.25618 OF 2019(B) PETITIONER: M/S.J.S.CATERS A PARTNERSHIP FIRM REGISTERED UNDER THE PARTNERSHIP ACT,HAVING ITS REGISTERED OFFICE AT 16/181, CHENNIMALAI ROAD, ERODE-638 001, REPRESENTED BY TIS MANAGING PARTNER, K.M.MUSTHAFA, AGED 41, S/O.MUTHU, 676/1, PATHAMPADAM, EDATHARA P.O., PALAGHATT DISTRICT. BY ADVS. SRI.K.SANEESH KUMAR SMT.V.B.SANTHINI RESPONDENTS: 1 INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD REPRESENTED BY ITS GROUP GENERAL MANAGER, 11TH/12TH FLOOR, B-148, STATESMAN HOUSE, BARAKHAMBA ROAD, NEW DELHI-110 001. 2 REGIONAL MANAGER, INDIAN RAILWAY CATERING AND TOURISM CORPORATION LTD., 40/8094, SALIH ARCADE, 1ST FLOOR, CONVENT ROAD, ERNAKULAM, COCHIN-682 035. R1-2 BY SMT.ASHA CHERIAN, SC, IRCTC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.25618 OF 2019(B) 2 W.P.(C) No.25618 of 2019 ---------------------------------------------- J U D G M E N T The petitioner is presently running food plaza at Shoranur Railway Station. They have been licensed to set up the food plaza for a period of nine years from 24.08.2018. As per the terms of the licence, the petitioner has to pay the licence fee payable for every year, except the first year, in advance. The petitioner has remitted the amounts payable in terms of the licence for the conduct of the food plaza including the licence fee for the first year and it is on that basis that they are running the food plaza. In terms of the licence, the licence fee for the second year together with GST amounting Rs.1,26,26,000/- should have been paid by the petitioner on or before 24.08.2019. The petitioner has not effected the said payment. It is stated by the petitioner that they could not effect payment of the said amount for reasons beyond the control of the petitioner and therefore, seeks indulgence of this court for effecting the said payment in convenient instalments.
Heard the learned counsel for the petitioner as also the learned Standing Counsel for the Indian Railway Catering and Tourism Corporation Limited (IRCTC).
The learned counsel for the petitioner, placing reliance
WP(C).No.25618 OF 2019(B) 3 on various judgments rendered by this court in similar matters, prayed for indulgence to remit the licence fee in convenient instalments. The learned Standing Counsel for the IRCTC stiffly opposed the prayer.
In so far as it is admitted that the licence fee of the second year is payable in advance in terms of the licence arrangement entered into between the petitioner and the IRCTC, it may not be appropriate for this court to dilute the terms of solemn contracts in proceedings under Artcle 226 of the Constitution. Nevertheless, having regard to the various judgments rendered by this court in similar matters on earlier occassions and the inconvenience that would be caused to the public in the event of termination of the arrangement entered into with the petitioner, I deem it appropriate to dispose of the writ petition, granting to the petitioner a period of three months from today for effecting payment of the licence fee for the year commencing from 24.08.2019, of which the petitioner shall pay 50% of the same namely Rs.63,13,000/- together with the interest payable in terms of the licence arrangement within 45 days from today. Needless to say that the licence arrangement shall not be terminated if the petitioner effects payment of the licence fee as directed. P.B.SURESH KUMAR Mn JUDGE
WP(C).No.25618 OF 2019(B) 4 APPENDIX PETITIONER'S EXHIBITS: EXHIBIT P1 AOF THE LETTER OF AWARD ISSUED BY THE 1ST RESPONDENT IN FAVOUR OF THE PETITIONER DATED 02.08.2016. EXHIBIT P2 A TRUE PHOTOCOPY OF THE TENDER DOCUMENT PERTAINS TO THE EXHIBIT P1 AWARD ISSUED BY THE 1ST RESPONDENT. EXHIBIT P3 AOF THE LETTER DATED 10.08.2019 REQUESTING THE 1ST RESPONDENT TO GRANT TIME TO REMIT THE 2ND YEAR LICENSE FEE. EXHIBIT P4OF THE LETTER ISSUED BY THE 1ST RESPONDENT DATED 17.09.2019. //// PA TO JUDGE
Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.